This Agreement is made between Coztrix and the individual accessing and using this Website or, if such individual represents and is using the Website on behalf of a company or other entity, that company or other entity (in either case, “You”).
Coztrix and You agree as follows:
Use of the Website
You may access and use the Website and Website Content (as such term is defined in Section 3 below) solely for lawful purposes and in accordance with the terms of this Agreement. Coztrix reserves the right, at any time and in its sole discretion, to modify, suspend, or discontinue the Website (or any portion thereof) with or without notice to You.
Term and Termination
This Agreement will be effective commencing on the date You first access the Website and will continue in effect thereafter unless terminated as provided in this Section. Coztrix may terminate this Agreement immediately, for any reason or no reason, with or without notice to You. You may terminate this Agreement upon notice to Coztrix,
such termination to be effective 10 business days after the effective date of the notice (determined as set forth in Section 11 below). Upon any termination of this Agreement, all rights granted to You under this Agreement will cease, and You must promptly discontinue all access to any part of the Website and the use of any Website
Content. Any provision in this Agreement which, by its general terms, may be reasonably interpreted as being intended to survive, shall survive the expiration or termination of this Agreement for any reason.
Content and Marks
The text, files, images, graphics, illustrations, information, data, audio, video, photographs and all other content available on the Website or provided from or through the Website, including services (collectively, “Website Content”) are protected by the intellectual property rights of the owners thereof. You acknowledge that the Website Content constitutes valuable property and that, unless otherwise provided in this Agreement or on the Website, as between You and Coztrix, all title to and ownership rights in the Website Content remain exclusively with Coztrix. Your access to and use of any Website Content is also subject to any other license or other agreement separate from this Agreement that You may enter into (or may have entered into) with any of Us or Our respective licensors (“Our Licensors”) relating to that Website Content (each such license or other agreement, a “Content Agreement”).
Except as expressly set forth in this Agreement or any Content Agreement, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Website or Website Content, or any intellectual property rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works
from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Website or Website Content without the prior written permission of Coztrix. You acknowledge that all trademarks, trade names, service marks, logos, banners, and page headers displayed on the Website
(collectively, the “Marks”) constitute valuable property and that, unless otherwise noted on the Website, as between You and Coztrix, all title to and ownership rights in the Marks remain exclusively with Coztrix. Except as expressly set forth in this Agreement, You may not display, link to, or otherwise use the Marks without the prior written permission of Coztrix or, if otherwise so labelled, the owner of such Mark.
Postings and Uploads
The Website may include forums, bulletin boards, chat rooms, or other opportunities through which You may provide or upload Website Content to the Website (“Provided Content”). You may not upload or provide any Provided Content that is: (a) libellous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy;
(b) an infringement or misappropriation of another’s intellectual property rights; (c) illegal in any way or that advocates illegal activity; or (d) an advertisement or solicitation of funds, goods, or services. You represent and warrant to Coztrix that You own all right, title, and interest in and to any Provided Content that You provide or
upload to the Website, or that You have sufficient rights to grant Coztrix the rights discussed in this Agreement. By providing or uploading any Provided Content to the Website, unless otherwise stated in a separate agreement entered into by You and Coztrix in connection with Your provision or upload of such Provided Content, You
grant Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form (“Use”). In addition, You waive all moral rights in the Provided
Content or warrant that all moral rights applicable to such content have been waived. You also grant Us the right to Use Your name in connection with our Use of such Provided Content.
You will not, and will not permit any third party to, (a) use the Website to harvest or collect e-mail addresses or other contact information of other users from the Website by electronic or other means; (b) use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website; (c) use
automated scripts to collect information from or otherwise interact with the Website; (d) use the Website to intimidate or harass any individuals or entities; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of the Website; (f) remove, bypass or circumvent any electronic protection measures on the Website; (g) remove, alter, or obscure any copyright or other proprietary rights notices included on the Website; or (h) upload to the Website or provide to Coztrix any code, instruction, or device capable of or intended to access, modify, delete, disable, interrupt, or damage the Website or the operation of the Website, including, without limitation, any viruses, Trojan horses, worms, spyware, traps, back doors, disabling devices or like destructive code or code that self- replicates.
Claims of Infringement
Coztrix respects the copyrights and other intellectual property rights of users of the Website and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Website without authorization in a way that constitutes copyright infringement, You may give notice thereof to Us at:
Attn: Communications Department
4/84 Onehunga Mall, Onehunga,
Auckland 1061, New Zealand.
Please include the following information in such notice: (a) the identity of the infringed work, and of the allegedly infringing work; (b) Your name, address, daytime phone number, and e mail address, if available; (c) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, the owner’s agent, or the law; (d) a statement of the accuracy of the notice and, under penalty of perjury, that You are authorized to act on behalf of the owner; and (e) Your physical signature.
Representations and Warranties
You hereby represent, warrant, and covenant for the benefit of Us and Our Licensors that: (a) You have the legal right and authority to enter into this Agreement and, if You are entering into this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (b) You have the legal right
and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with the Website or any of the Website Content; and (c) all information You provide in connection with this Agreement and Your access to and use of the Website and Website Content is correct and current.
Disclaimer and Limitation of Liability
Disclaimer. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED BY COZTRIX “AS IS” and “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. NEITHER WE NOR OUR LICENSORS REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, SOFTWARE, SERVICE, OR OTHER INFORMATION DISPLAYED ON, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE WEBSITE OR THROUGH LINKS ON THE WEBSITE, NOR DO WE CONTROL OR ENDORSE ANY THIRD PARTY CONTENT OR SERVICES WHICH MAY BE ACCESSED THROUGH LINKS POSTED ON THE WEBSITE. YOU UNDERSTAND THAT BY USING THE WEBSITE, YOU MAY BE EXPOSED TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT, OR OBJECTIONABLE. YOUR ACCESS TO THE WEBSITE IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE AND USE OF THE WEBSITE CONTENT. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT
BE WAIVED OR EXCLUDED BY AGREEMENT, COZTRIX EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND WEBSITE CONTENT, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE WEBSITE AND INTERRUPTIONS, CRASHES, AND DOWNTIME BEYOND COZTRIX’S CONTROL MAY OCCUR FROM TIME TO TIME.
Limitation. IN NO EVENT WILL WE OR OUR LICENSORS BE LIABLE FOR ANY DAMAGES,INCLUDING DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE,WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE WEBSITE OR ANY OF THE WEBSITE CONTENT PROVIDED OR ACCESSED THROUGH THE WEBSITE, EVEN IF WE OR OUR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EACH OF OUR AND OUR LICENSORS’ TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY WEBSITE CONTENT IS LIMITED TO NZ$100.
You will indemnify, defend, and hold harmless Us, Our Licensors, and Our and Our Licensors’ respective employees, agents, contractors, assigns, licensees, and successors in interest (collectively, “Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing or using the Website or any Website Content, You’re providing or uploading any Provided Content to the Website, or Your breach or alleged breach of any term of this Agreement; provided, however, that the forgoing shall not apply to the extent the same was caused by the Indemnified Party’s own negligence or willful misconduct. Coztrix will provide You with notice of any such claim or allegation, and Coztrix will have the right to participate in the defense of any such claim at its expense.
Personally Identifiable Information. We may collect personally identifiable information (“PII”) from You when You access the Website. We may also collect PII from You through a number of voluntary sources on the Website, such as responses, registrations, comments, e-mails, postings, messages or other electronic or written submissions and communications sent by You to Us or the Website. The PII that We may collect from You may include, by way of example, e-mail address, domain name and IP address, contact information, and username and password information for the Website. The PII that We collect from You may be used to provide Website Content to You, to customize Website Content and/or the layout of the Website for You, to notify You about updates to and activities on the Website, to improve the content of the Website, to analyse data and patterns regarding usage of the Website, and to contact You for information verification purposes. If You would like to review, delete/deactivate, or update any information that You previously provided to Us, You may contact Us at firstname.lastname@example.org
Disclosure as Required by Law. Although We make reasonable efforts to preserve user privacy, We may need to disclose PII of certain users of the Website when We have a reasonable and good-faith belief that the disclosure is necessary to enforce this Agreement, comply with a judicial proceeding, court order or other legal process, or otherwise enforce or protect Our rights under applicable law, including, without limitation, Our or Our Licensors’ intellectual property rights. In such situations, We will use reasonable efforts to provide notice of the disclosure to all affected users, to the extent reasonably possible under the circumstances.
Consent to the Use of Third-Party Providers. We may contract with third parties to provide various Website-related services to Us on an outsourced basis rather than performing the services our self. By visiting the Website, You consent to Us providing both Your PII and non-personally identifiable information to these third party providers for the purpose of enabling the third party provider to provide these services to Us. In addition, You consent to the collection, maintenance, and processing of Your PII and non-personal information by Us and these third party providers.
Security. We will use reasonable security measures on the Website to protect against the loss, misuse and alteration of the information under Our control. While there is no such thing as “perfect security” on the Internet, We will take reasonable steps to insure the safety of Your PII and non-personally identifiable information.
Transfer of Information. If We elect, in Our reasonable discretion, to transfer ownership or control of the Website to a third party, whether or not in the context of an acquisition of Coztrix or its subsidiary or a merger of Coztrix or its subsidiary with a third party, You consent to the transfer of Your PII and non-personally identifiable information by Us to that third party.
Except as expressly stated otherwise in this Agreement, any notices required or allowed under this Agreement will be in writing. Notices will be given to Coztrix by postal mail to “Attention Communications” at the Corporate Headquarters address for Coztrix New Zealand listed under the “Contact Us” button on the Website and suchnotice shall be deemed given five business days after deposit in the postal mail, unless the notice is returned to You as undeliverable. If applicable law requires that Coztrix accepts e-mail notices (but not otherwise), then You may send Coztrix an e-mail notice by emailing Coztrix at email@example.com. With respect to Coztrix’s noticesto You, Coztrix may provide notice by posting them on the Website, which notice shall be deemed given 24 hours after it is posted on the Website, and You will periodically check the Website for such notices. In addition, or in lieu thereof, Coztrix may give notice by sending You an e-mail to the e-mail address You provide during registration for the Website. Notices sent by e-mail shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid, or the e-mail delivery otherwise failed.
Assignment. You may not assign, delegate or transfer this Agreement or any of Your rights hereunder, by operation of law or otherwise, and any attempt to do so will be null and void.
Integration; Waiver; Construction. This Agreement sets forth the entire understanding of the parties and supersedes any and all prior oral and written agreements or understandings between the parties, regarding the subject matter of this Agreement. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favouring or disfavouring any party by virtue of the authorship of any of the provisions of this Agreement.
Severability. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions in any jurisdiction.
Jurisdiction and Venue. This Agreement will be governed by the laws of the New Zealand, other than such laws, rules, regulations, and case law that would result in the application of laws of a jurisdiction other than the New Zealand. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the district and high courts sitting in New Zealand and agree that such district and high courts shall be the exclusive forum for the resolution of any disputes related to, arising out of, or arising under this Agreement. In any such dispute, the prevailing party will be entitled to recover its reasonable legal fees and expenses from the other party.
Modifications. We reserve the right, at any time and without notice, to add to, change, update, or modify the Website, the Website Content, and this Agreement, simply by posting such addition, change, update, or modification on the Website. Any such addition, change, update, or modification will be effective immediately upon posting on the Website. If We decide to change the privacy statement in Section 10, unless We seek and receive Your consent, We will continue to use information previously provided to Coztrix in accordance with the terms under which the information was last collected. Intended Beneficiaries. Coztrix’s subsidiaries and Our Licensors are intended beneficiaries of all rights specifically running to them pursuant to the terms of this Agreement, with full right and authority to enforce such obligations.
Coztrix Limited (“Coztrix”) operates the website located at www.coztrix.com (the “Website”). The Website contains content applicable to Coztrix and its subsidiaries
We are committed to protecting the privacy of Our Website visitors. Accordingly, this Policy informs Website visitors regarding the collection, use, protection, and disclosure of visitors’ Personal Data as well as non-personally identifiable information in the course of accessing and using Our Website.
We may collect personal data (“Personal Data”) from you when you access the Website. We may also collect Personal Data from you through several voluntary sources on the Website, such as responses, registrations, comments, e-mails, postings, messages or other electronic or written submissions and communications sent by you to Us or the Website. The Personal Data that We may collect from you may include, by way of example, e-mail address, domain name and IP address, and contact information. The Personal Data that We collect from you may be used to provide the text, files, images, graphics, illustrations, information, data,
audio, video, photographs and all other content available on the Website or provided from or through the Website, including services (collectively, “Website Content”) to you, to customise Website Content and/or the layout of the Website for you, to notify you about updates to and activities on the Website, to improve the content of the Website, to analyse data and patterns regarding usage of the Website, and to contact you for information verification purposes. If you would like to review, delete/deactivate, or update any information that you previously provided to Us, you may contact Us at firstname.lastname@example.org.
Disclosure as Required by Law
Although We make reasonable efforts to preserve user privacy, We may need to disclose Personal Data of certain users of the Website when We have a reasonable and good-faith belief that the disclosure is necessary to enforce this Policy, comply with a judicial proceeding, court order or other legal process, or otherwise enforce or protect Our rights under applicable law, including, without limitation, Our or Our Licensors’ intellectual property rights. In such situations, We will use reasonable efforts to provide notice of the disclosure to all affected users, to the extent reasonably possible under the circumstances.
Communication with Users and Cookies
Other Websites; Links
Certain of the websites of Coztrix subsidiaries and other third-party websites may be accessible through the Website. These third-party websites may have their own privacy and data collection policies and practices. If you access a Coztrix subsidiary or third-party website from the Website, then you do so at your own risk. Coztrix is not responsible for any actions or privacy policies of such other parties. you should check the applicable privacy and data collection policies of those other parties when accessing their websites or providing Personal Data through linked websites.
Consent to the Use of Third-Party Providers
We may contract with third parties to provide various Website-related services to Us on an outsourced basis rather than performing the services Ourselves. By visiting and continuing to use and access the Website, you consent to Us providing both your Personal Data and non-personally identifiable information to these third-party providers for the purpose of enabling the third-party provider to provide these services to Us. In addition, you consent to the collection, maintenance, and processing of your Personal Data and non-personal information by Us and these third-party providers.
We will use reasonable security measures on the Website to protect against the loss, misuse and alteration of the information under Our control. While there is no such thing as “perfect security” on the Internet, We will take reasonable steps to insure the safety of your Personal Data and non-personally identifiable information.
Transfer of Information If We elect, in Our reasonable discretion, to transfer ownership or control of the Website to a third-party, whether or not in the context of an acquisition of Coztrix or its subsidiary or a merger of Coztrix or its subsidiary with a third party, you consent to the transfer of your Personal Data and non-personally identifiable information by Us to that third party.
If you have any questions, comments, or concerns regarding Our use, collection, and disclosure of Personal Data, please write to email@example.com.
Social Media Guidelines
We believe in open communication and you are encouraged to tell the world about your work and share your passion. Whether you do so by participating in a blog, wiki, online social network or any other form of online publishing or discussion is completely up to you. However, these new ways of communication are changing the way we talk to each other and even to our consumers, target audiences and partners. In order to avoid any problems or misunderstandings, we have come up with a few guidelines to provide helpful and practical advice for you when operating on the internet.
Please familiarize yourself with and follow the Code of Conduct.
When you discuss Coztrix or brand-related matters on the internet, you must identify yourself with your name and, when relevant, your role at Coztrix. Only very few people in this company are official spokesperson for the Group or its brands, so if you are not one of them you must make clear that you are speaking for yourself and not for the company. You can use a disclaimer like “The postings on this site are my own and do not necessarily represent the position, strategy or opinions of Coztrix, its subsidiaries and its brands”. Please always write in the first person and don’t use your company email address for private communications. And please consider that even anonymous postings on Wikipedia can be traced back to the company.
You are personally responsible for the content you publish on blogs, wikis or any other form of user-generated media. Please remember that the internet never forgets. This means everything you publish will be visible to the world for a very, very long time. Common sense is a huge factor here. If you are about to publish something that makes you even the slightest bit uncomfortable, review. If you are still unsure and it is related to Coztrix and its brands, talk to your manager or write to firstname.lastname@example.org for advice.
Just because information is on the internal network, it is not ok to let the rest of the world know about it. If an item features the sentence “for internal use only” then that is exactly what it means, and it is not meant to be forwarded to anyone who is not employed by Coztrix or its subsidiaries. No exceptions. Messages from our Chief Executive to all employees are not meant for the media. If we as a company wanted a newspaper to know how our Chief Executive sees the future of our company the PR department would call them up and tell them.
It is perfectly fine to talk about your work and have a dialogue with the community, but it is not okay to talk about the design or name of the new product months before its official launch. If you have signed a confidentiality agreement you are expected to follow it. If the judgement call is tough on secrets or other issues discussed, please ask your manager before you publish or forward. Please act responsibly with the information you are entrusted with.
Do not comment on work-related legal matters unless you are an official spokesperson, and have the legal approval by Coztrix, its subsidiaries or its brands to do so. In addition, talking about revenues, future products, pricing decisions, unannounced financial results or similar matters will get you, the company or both into serious trouble. Stay away from discussing financial topics and predictions of future performance at all costs.
Respect your audience. Don’t use ethnic slurs, personal insults, obscenity, or engage in any conduct that would not be acceptable in the workplace. You should also show proper consideration for others privacy and for topics that may be considered objectionable or inflammatory (like religion or politics). We all appreciate respect.
Think about consequences. Imagine you are sitting in a sales meeting and your client brings out a printout of a colleague’s post that states that the product you were about to sell “completely sucks”. Talk about a tough pitch. So, please remember: Using your public voice to trash or embarrass your employer, your customers, your co-workers or even yourself is not okay – and not very smart.
Have you posted something that just wasn’t true? Be the first to respond to your own mistake. In a blog, if you choose to modify an earlier post, make it clear that you have done so.
Please respect copyright. If it is not yours, don’t use it. It is very simple. It is that person’s choice to share his or her material with the world, not yours. Before posting someone else’s work, please check with the owner first.
Don’t cite or reference clients, partners or suppliers without their approval. When you do make a reference, where possible, link back to the source.
Be aware that others will associate you with your employer when you identify yourself as such. Please ensure that your Facebook, LinkedIn or Twitter profile and related content is consistent with how you wish to present yourself with clients and colleagues.
Even if you act with the best intentions, you must remember that anything you put out there about Coztrix, its subsidiaries, its brands can potentially harm the company. This goes for all internal media as well, like the intranet or any newsletters you send out. As soon as you act on the company’s behalf by distributing information, you are upholding the company’s image. Please act responsibly. If in doubt, please contact the Communications Team or your manager before you hit the send button.
Follow Facebook’s, LinkedIn’s, Skype’s, Twitter’s, and YouTube’s rules. Keep each channel’s privacy and security policies in mind when posting content or responding to others.
Stay away from spam or solicitations. This one is easy. Just don’t post it. We don’t allow solicitations or spam on our social media channels and these types of comments will be removed.
We pride ourselves on adhering to a code of conduct, a set of values, and a commitment to our social media communities. With this in mind, we have the right to remove any content violating any of the above guidelines and appreciate your understanding.
We are happy to share our story with you and we hope to see you on our social media channels.